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Philip Laurence Wormdahl
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Philip Wormdahl’s Answers

87 total


  • How should we plead for an alcohol ticket?

    My 19-year old daughter was pulled over for drinking and blew under the legal limit, but she was attested by the officer because she was underage. This is her first time she has even been in trouble. The officer gave her an alcohol restricted dr...

    Philip’s Answer

    She needs a Utah DUI defense lawyer. The penalty for the Alcohol Restricted Driver conviction is brutal. The standard fine is even higher than the DUI fine. Further, the "collateral consequences" of the conviction are also very harsh. Upon conviction, the Drivers License Division will suspend your daughter's driving privilege for an additional year, and require that she install an ignition interlock device in any vehicle she owns or operates for 3 years. I highly recommend that you contact a lawyer for advice specific to your daughter's case.

    Good luck,

    Phil

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  • Case Review what is it?

    I went to court today for my Misdemeanor B charge and talked to my lawyer, and he asked the Judge for the Case Review to be set and told me to come back on Feb 9th 15 I am very confused what is Case Review? and what happens during Case Review Hear...

    Philip’s Answer

    You have a lawyer. If you have a question about your case, you should ask your lawyer, not the AVVO community. Your lawyer will have the best answer, based on the most complete and current information. A web site is never an adequate substitute for competent legal counsel. Call your attorney. It's that simple.

    Good luck.

    -Phil

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  • Requesting Court Documents

    I live in Utah and was convicted of a DUI in 2010, i completed a Prime For Life course and the court copied my certificate for proof. I am wanting to get my drivers license back and the DLD needs proof. I have since lost my certificate and the lo...

    Philip’s Answer

    Were you under 21 when you were convicted of DUI? If not, then you shouldn't need to show proof of Prime for Life to reinstate your license. If you had a lawyer, I would try your lawyer first- he may have a copy of your certificate in your file. If not, then the court may be able to provide you with the proof either by getting a copy out of your physical file or just getting you a copy of the minute entry that indicates they got the proof of completion.
    -Phil

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  • What should I plea for my second offense with an ongoing case?

    I currently have a case for improper backing and never having obtained a license, I went into court and asked for a plea in abeyance and I have a set pre-trial hearing. I was driving again and received another citation for never having obtained a ...

    Philip’s Answer

    I agree with attorney Neeley. Seek the advice of an attorney in southern Utah who can help you on a more personal level. Your case sounds complicated enough that you likely wont get adequate advice from Avvo.
    -Phil

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  • I being charged with a DUI but have never taken anything in my life. What do I do to fight this charge?

    I was stopped after a 6 hr drive from St.George to Roy, in Layton. The cop charged me with a DUI. When they took me to the station for the piss test the THC line was faint. I didn't even know what it was then he asked me if I smoked spice.. I d...

    Philip’s Answer

    • Selected as best answer

    DUIs are brutal in Utah. Talk to a lawyer ASAP. Most lawyers will do a free consultation and help you get a hearing scheduled for your driver's license. Don't wait- you only have 10 days to request a hearing and if you miss the deadline your license will be toast. After your driver's license is safe, you can move on to the criminal case in the court.

    -Phil

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  • What is the maximum sentence for retail theft?

    I am currently enrolled in a theraputic Boarding school in Utah and i am 18 years old . Will me being in the program effect my sentence?

    Philip’s Answer

    Retail theft in Utah is typically a Class B Misdemeanor and the penalties are $0 - $1900 in fines and 0 - 180 days in jail. Retail Theft can be enhanced to a Third Degree Felony if there are prior convictions. A 3rd Degree Felony is punishable by up to 5 years in prison.

    Your participation in programs that are meant to attend to whatever underlying issues you might have that put you in the criminal justice system will typically show the judge that you are taking the offense seriously and may lead to some benefit to you at sentencing.

    -Phil

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  • My son was on a 18 month probation for a possesion of marajuana charge, at 17 months he got a public intox charge.

    What is going to happen on the probation charge?

    Philip’s Answer

    It ultimately depends on whether the court he is currently on probation with discovers the new offense before the end of the 18 months and files an "Order to Show Cause" for an alleged probation violation. If they don't file the OSC before the expiration of probation then the court will lose jurisdiction over your son and he will likely see no consequence from the court he is currently on probation with.
    However, he may be subjected to increased penalties and stricter probation terms on the new offense if the new court is aware of the prior conviction and also aware that the new offense occurred while your son was on probation to another court.

    If the court your son is currently on probation with does discover the new offense and files the OSC, then what will happen is completely dependent on the specific circumstances of your son's case. Some factors would include: the specific terms of his probation, the judge, his age, his criminal history, other probation violations, etc.

    There is no way for a lawyer to accurately assess the potential consequences with out more information, including all of the items I listed above.

    Good luck,

    Phil

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  • Is it likely that I can reduce 1 count of a 1st degree aggravated attempted murder to something that is expungeable in utah

    Conviction was in 2001, 6 years in state prison, completed parole and paid retribution. No trouble at all since. Charged for 3 counts of aggravated attempted murder and two counts for attempted murder. Convicted of 1 count of a 1st degree aggravat...

    Philip’s Answer

    • Selected as best answer

    I doubt it. The problem with the reduction approach is that even if it was reduced two full levels, down to a 3rd degree felony, the name of the offense would remain the same and that is where you would likely run into trouble. The list of offenses that cannot be expunged in Utah is based on the name of the offenses, not necessarily the degree.
    If you are very serious about getting this off of your record, I would contact Michael Holje. He is an attorney in Salt Lake City, Utah at the firm Brown, Bradshaw & Moffat. He is an expert in expungement issues. If anyone could get it done, Mike could.

    Good luck,

    Phil

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  • Will a misdemeanor committed as a minor show up on background checks as an adult?

    I was involved in a misdemeanor at the age of 16. I'm now 19. Will it appear on background checks?

    Philip’s Answer

    Probably your juvenile court offenses will not appear on a criminal history. The best way to find out what will show up is to go get your own official copy of your criminal history. You can do that at the Bureau of Criminal Identification or "BCI" here in Utah. Here is a link to their website: http://publicsafety.utah.gov/bci/crimrecords.html

    Good luck,

    Phil

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  • If charged and convicted of a DUI, but as been released on your own recognizance, does the statue of limitations still apply?

    Six years has passed since the offense.

    Philip’s Answer

    In Utah, even the issuance of a citation by the police officer can toll the statute of limitations. Regardless of the statute of limitations, however, you should speak to a lawyer. Depending on the reason why your case has been pending for 6 years, there may be other legal remedies to explore, such as: prejudice from failure to prosecute, or violation of your constitutional right to a speedy trial.

    DUIs are serious offenses and you should strongly consider hiring private counsel or having the court appoint you free counsel if you are indigent.

    -Phil

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